Senator Francis Escudero and Iloilo Rep. Niel Tupas Jr. can both remain as members of the Judicial and Bar Council for now, following the Supreme Court's decision on Friday to suspend its ruling that there should only be one member of the bicameral Philippine Congress in the JBC.

In its ruling on Friday, the high court said it was temporarily suspending the portion in its July 17 resolution that states the decision was "immediately executory." The resolution had created a membership crisis in the JBC, which is in the middle of deliberations for the next chief justice following the ouster of Renato Corona last May.

"The court finds it more equitable for the present members of the JBC to resume their task of selecting nominees for the vacant position of the chief justice," the high court said.

"Accordingly, pending the final resolution of this petition, Senator Escudero and Congressman Tupas Jr in their capacities as representatives of Congress, may simultaneously sit as ex-officio members of the JBC and exercise the functions flowing therefrom," it added.

The high court said the July 17 ruling would be suspended, pending the resolution of a motion for reconsideration filed by Escudero and Tupas through the Office of the Solicitor General.

In the meantime, the SC ordered both parties in the case to submit their respective memoranda summarizing their arguments.

Six members of the high court are among the 20 nominees for the position of chief justice. The JBC is scheduled to submit a shortlist of the nominees next week to President Benigno Aquino III, who has until Aug. 27 to appoint the next top magistrate for the Supreme Court.

Chavez petition

The Supreme Court's July 17 decision stemmed from a petition filed by former Solicitor General Francisco Chavez, who questioned the current eight-member composition of the JBC.

In its original July 17 ruling, the high court voted 7-2 in deciding that only one member from the bicameral Philippine Congress should be in the JBC. The court said Section 8(1) of Article VIII of the 1987 Constitution clearly specified that only "a member of Congress" should sit as ex-officio member and not two.

The JBC screens applicants for vacant judicial posts and sends a list of nominees to the President, who makes the final decision on appointments to top posts in the judiciary.

Tupas and Escudero appeal

In their motion for reconsideration, Tupas and Escudero argued that the framers of the 1987 Constitution committed an oversight when they allotted only one slot for Congress in the JBC, on the assumption that a unicameral legislature would be created.

The Constitutional Commission, however, eventually decided to adopt a bicameral legislature.

On Thursday, the high court started hearing oral arguments for and against Chavez's petition.

Chavez insisted there was no "inadvertence" on the part of the Constitutional Commission when it said Congress should only have one member in the JBC.

But Sen. Joker Arroyo, representing Escudero, asked the high court to give more weight on the intent of the Constitution to give equal representation of Congress in the JBC by giving it two slots in the council.

Arroyo asked the Supreme Court not to stick to the "letter" of the Constitution that indicates only one or "a member" of Congress in the JBC. — LBG/YA, GMA News